ILLINOIS POLLUTION CONTROL BOARD
    February
    22,
    1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCy,
    Complainant,
    v.
    )
    AC 89—266
    )
    (IEPA Docket
    No. 10030—AC)
    (Administrative Citation)
    DARCO,
    INC.,
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before the Board on the Illinois
    Environmental Protection Agency’s
    (Agency) Motion
    to Vacate
    Default Order and withdraw Complaint
    filed February
    9,
    1990.
    The
    Motion requests relief from the Board’s Order
    of January
    11,
    1990
    entering default against
    the Respondent upon the Administrative
    Citation filed
    in this matter.
    As grounds,
    the Agency alleges
    that service
    in this proceeding was defective,
    having been
    effected upon
    a tenant/lessee of Respondent and not upon the
    proper party or registered agent.
    These matters are all sworn
    to
    by Affidavit.
    Given that service of
    the Agency’s Administrative
    Citation
    is shown
    to be defective,
    the Motion is granted.
    The
    Board’s Order
    of January
    11,
    1990
    is hereby vacated and this
    matter
    is dismissed.
    IT
    IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~y that the above Order was adopted on the
    ~‘
    day of
    ~
    -
    ,
    1990,
    by a vote of
    7
    —
    7
    ~
    Dorothy M.
    dunn, Clerk
    Illinois Po~I1utionControl Board
    243

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